STATE OF MADHYA PRADESH Vs. RAMESH KUMAR SHARMA

JUDGEMENT

(1.) Heard the learned counsel for the parties. Special leave is granted.

(2.) The respondent's father - Shri J. P. Sharma, who was a constable, died in 1978 and in November, 1981, the respondent applied for appointment as Sub-Inspector on compassionate grounds. The matter was examined at several levels and ultimately the post of a lower divisional clerk was offered to the respondent, which he did not accept. He moved the State Administrative Tribunal for a direction to the appellant - State for his appointment as APP-Grade-II. By the impugned judgment the Tribunal allowed the prayer of the respondent.

(3.) Learned counsel for the appellants has contended that under the instructions in question the respondent is not entitled to a higher post of his choice merely because he fulfils the requisite eligibility qualifications. Learned counsel for the respondent has attempted to defend his case by citing the illustration of another applicant - Rajiv Dwivedi --- who, according to him, was appointed in similar circumstances as APP-Grade II. The facts relating to Rajiv Dwivedi are not on record and it is the mere assertion of the respondent that the circumstances are identical. Even assuming that Rajiv Dweivedi's case (supra) was similar to that of the respondent, the applicant has no right to any particular post of his choice, he can only claim to be considered for that post. It would ultimately be for the authority to decide if some common principle was involved in the two cases. If a mistake was committed in an earlier case, that cannot be a ground for directing the State to perpetuate the error for all times to come. Learned counsel for the respondent has not been able to show before us any rule or Government instructions under which the respondent can claim the post of APP-Grade II.